The Supreme Court on Tuesday ordered a magistrate in Uttar Pradesh’s Gorakhpur to pass “appropriate orders in accordance with law” in a rioting case from 2007 that allegedly involves Chief Minister Adityanath, PTI reported.
A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud also dismissed a plea that challenged the Allahabad High Court’s disposal of a petition filed by a person named Rasheed Khan. Khan had moved the High Court against a sessions court ruling that quashed a magistrate’s order that took cognisance of a chargesheet against Adityanath in connection with the 2007 case. The High Court had dismissed Khan’s plea in February, thus upholding the sessions court verdict. It had then said that the sessions court was correct in holding that there was no prosecution sanction to initiate trial against the chief minister and others in the case, according to reports.
“We only direct the magistrate as the High Court has remitted the matter to him, to pass appropriate orders keeping in view the law laid down,” the judges said. “The Special Leave Petition stands disposed of accordingly.”
Last month, the Supreme Court asked the Uttar Pradesh government to respond within four weeks to a petition seeking Adityanath’s prosecution for an alleged hate speech he delivered in 2007.
Adityanath was a Lok Sabha MP from Gorakhpur in 2007 when he gave a speech outside the town’s railway station that was allegedly inflammatory and seen as inciting communal violence.
On January 27, 2007, the Kotwali Police registered a First Information Report against him and several others for allegedly promoting enmity between two groups of people. After the Bharatiya Janata Party leader was arrested on the basis of the complaint, members of the Hindu Yuva Vahini – a group Adityanath founded – ransacked public property and torched a train compartment.
Later, another FIR was filed against Adityanath for allegedly inciting communal riots through hate speeches.